Video Transcribed: What do I do if I suspect or have proof that my ex is putting my child at risk? I’m Tulsa Child Custody Attorney James Wirth. And that is the question that we have regarding Oklahoma law. What do you do if your ex is putting your child at risk?
So there are a couple of things here. One, you have a duty under the law to protect your child. So if you know someone is abusing your child, even if that is your ex or neglecting your child, you have a legal obligation to do something.
If you don’t do so, that’s a failure to protect that could be negligence abuse tied to you. It also could be grounds to have the state of Oklahoma take that child away and allege that that person was neglected or abused and that you failed to protect them. And therefore, that child needs to be in state custody to be protected. So you do have a duty there.
Also, if you believe the child has been abused or neglected, you have a legal obligation to report that to DHS. But practically speaking, the best thing to do to protect your child is you need to take it to court.
So if you believe that your ex is abusing the child, you must file for the court to seek custody. If you have proof of child abuse or neglect, then you want to file for emergency custody.
You can get into court pretty much the same day on that. And if necessary, you can obtain a rid of assistance or habeas corpus to have law enforcement help you get that child back in your custody immediately if there is an emergency.
However, to establish an emergency, you’ve got to show the imminent danger of irreparable harm. That is the standard. And you have to offer that with firsthand knowledge through affidavit. So that’s what you need to do.
But if you believe your child is at risk, you are expected to act quickly. You’re required under the law. And also, that’s what’s needed to protect your child, but you’ll want to talk to an attorney about that before you do anything.
So you want to do that quickly. You’re going to get an appointment with a child custody attorney in Tulsa at my office to get legal advice particularized to your circumstances. Go to makelaweasy.com.